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Allen v. State

The evidence, though circumstantial, authorized the jury to find that the defendant took a money clip containing over $1K, two credit cards and a bank card from one victim and took a wallet containing $60 in cash and a gift card from the second victim.

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A jury found Harbonius Allen guilty of three counts of financial transaction card theft, two counts of misdemeanor theft by taking, and one count of felony theft by taking. Allen appeals, challenging the sufficiency of the evidence. For reasons that follow, we affirm in part and reverse in part because we find that as to one —but only one —of the six counts the evidence was indeed insufficient. In reviewing Allen’s sufficiency challenge, we construe the evidence favorably to the jury’s verdict. Stack-Thorpe v. State , 270 Ga. App. 796, 802 5 608 SE2d 289 2004. We do not weigh the evidence or resolve issues of witness credibility, but merely determine whether the jury was authorized to find Allen guilty beyond a reasonable doubt. Id.

So viewed, the evidence shows that the charges against Allen arose out of three incidents of theft in the late spring and summer of 2006. On May 29, 2006, 16-year-old Laken White drove to a Starbucks coffee shop, where she met several friends. She left her purse on the back seat of her car and entered the shop. One of her friends took her car keys, and he drove two other boys across the Starbucks parking lot to a Taco Bell. While the boys were in White’s car, Allen approached, stating that his vehicle had run out of gas and that he needed money. The driver offered to give Allen money located in his own vehicle, which was parked at Starbucks, and Allen entered White’s car, sitting in the back seat next to one of White’s friends. At that point, the friend in the back put his arm around White’s purse.

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